MA5-07303

MA5-07303

The claim was rejected because the claimant failed to establish her identity or citizenship under s.106: key identity documents were found non‑probative or forged, testimony contained contradictions and implausibilities, and consequently the panel found no reasonable chance of persecution on return and dismissed the refugee claim for both the principal claimant and her minor daughter.

Citation
MA5-07303
Parties
Principal Claimant: XXXXX XXXXX XXXXX; Minor Claimant: XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
2 August 2006
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Final Decision (refugee Protection Division)
Outcome
Claimant and accompanying minor daughter denied refugee protection; claims rejected
Legal Topics
Identity Documents, Credibility Assessment, Persecution Risk, Burden of Proof, Document Authenticity, Travel Documents
Source Language
English
Refugee Protection Immigration Law Evidence Identity Documents Credibility Assessment Persecution Risk Burden of Proof Document Authenticity +1 more

Case Brief

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Parties

XXXXX XXXXX XXXXX

Principal Claimant

XXXXX XXXXX XXXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Final Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee or person in need of protection
  2. 2 Whether the claimant's identity and citizenship have been established under section 106 of the Act
  3. 3 Whether the claimant's documentary evidence (passports, birth certificate) is authentic and probative

Ratio Decidendi

The claim was rejected because the claimant failed to establish her identity or citizenship under s.106: key identity documents were found non‑probative or forged, testimony contained contradictions and implausibilities, and consequently the panel found no reasonable chance of persecution on return and dismissed the refugee claim for both the principal claimant and her minor daughter.

Court Disposition

Claimant and accompanying minor daughter denied refugee protection; claims rejected

Orders

  • Refugee protection claim of the principal claimant rejected
  • Refugee protection claim of the minor daughter rejected